Community Property Flashcards

0
Q

Separate Property

A

All property owned before marriage and all property acquired during marriage by gift, bequest, devise, or descent.

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1
Q

Community Property

A

All property acquired by the labor of either spouse during marriage. Owned equally by the spouses from the moment of acquisition.

-assumes joint ownership unless a spouse demonstrates otherwise.

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2
Q

Spousal Support

A

Unless otherwise agreed upon by the parties, spousal support is judicially modifiable and generally terminates at:

  • death of the support obligor or obligee
  • at the obligee’s remarriage
  • in many jurisdictions, upon the obligee’s marriage-like cohabitation with a third party.

CA spousal support law requires that the divorce court make specific findings about the parties’ standard of living during their marriage and, in making the award, consider that the parties’ marital standard of living and the extent to which the earning capacity of each spouse is sufficient to maintain that standard of living. Court is further instructed to assess the needs of each party based on the standard of living established during the marriage.

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